alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of 2004-1 Amendment to Executive Deferred Compensation Plan



 EXHIBIT 10.16 
  
 2004-1 AMENDMENT TO 
  
 MEMEC, LLC EXECUTIVE DEFERRED COMPENSATION PLAN 
  
 (Amended and Restated Effective October 1, 2001) 
  
 This 2004-1 Amendment to Memec, LLC Executive Deferred Compensation Plan (Amended and Restated Effective October 1, 2001) [“Plan”] is adopted effective January
1, 2004 as follows: 
  

	 	1.	A new Section (b)-(1) is added in Article II to read in full as follows: 

  
 (b)-(1) “Base Salary” refers to a Participant’s base salary, as determined by the Company, that is payable to the Participant by
the Company during a Plan Year. 
  

	 	2.	A new Section (d)-(1) is added in Article II to read in full as follows: 

  
 (d)-(1) “Bonus” refers to a Participant’s bonus, as determined by the Company, that is payable to the Participant by the Company
during a Plan Year. 
  

	 	3.	A new Section (f)-(1) is added in Article II to read in full as follows: 

  
 (f)-(1) “Commissions” refers to a Participant’s commissions, as determined by the Company, that are payable to the Participant by
the Company during a Plan Year. 
  

	 	4.	The last sentence of Section 4.1(a) is deleted and the following is added at the end of Section 4.1(a): 

  
 For a Plan Year, an eligible Employee who elects to participate in the Plan must defer a minimum of two thousand dollars
($2,000). For a Plan Year, an eligible Employee may defer a maximum of the following amounts that are payable during such Plan Year: (1) 50% of the Participant’s Base Salary, (2) 100% of the Participant’s Bonus, and (3) 100% of the
Participant’s Commissions. 
  

	 	5.	Section 4.1(b) is amended to read in full as follows: 

  
 (b) Except as otherwise provided in this Section 4.1(b), an eligible Employee must submit his or her Deferral Election form pertaining to Compensation
payable during a Plan Year to the Committee no later than the last day of the calendar year preceding such Plan Year. However, during the Plan Year in which an Employee first becomes eligible to participate in the Plan, the eligible Employee may
make his or her election within the first 30 days after the date the Employee is notified of his or her eligibility to participate in the Plan. 







 IN WITNESS WHEREOF, this 2004-1 Amendment to the Plan has been executed in the State of California on this 22nd
day of March, 2004. 
  

	
	 MEMEC, LLC

	
	 By: /s/    MIKE LINDMARK




  

 2
#### ALLIED FINANCE COMPANY OF BAY CITY et al., Petitioners, v. J. M. FALKNER, Banking Commissioner et al., Respondents.

No. A-11098.

Supreme Court of Texas.

Dec. 31, 1965.

Rehearing Denied Jan. 26, 1966.

Locke, Purnell, Boren, Laney & Neely, J. L. Shook, Dallas, for petitioners.

Waggoner Carr, Atty. Gen., Austin, Ralph R. Rash, Asst. Atty. Gen., for respondents.

PER CURIAM.

The opinion of the Court of Civil Appeals is reported in 394 S.W.2d 208. The application for writ of error filed by the Allied Finance Companies doing business in Louisiana (Lake Charles, Lafayette, Shreveport and Baton Rouge) is dismissed for want of jurisdiction. The application for writ of error filed by Allied Finance Company of Bay City and the other *847Allied Finance Companies doing business in Texas is refused, no reversible error.

We approve the holding of the Court of Civil Appeals that the portion of Section 29 of the Texas Regulatory Loan Act of 1963, Acts 1963, 58th Leg., Reg. Sess. ch. 205, p. 550, Article 6165b, Vernon’s Ann.Tex.Stats., which provides that the provisions of chapter 165, Acts of the 42nd Legislature, Regular Session, 1931, as amended, compiled as Article 1524a, Vernon’s Annotated Civil Statutes of Texas, shall not apply to a licensee under the Texas Regulatory Loan Act of 1963, is void and unenforceable because of a Legislative failure to comply with requirements of Article 3, Section 35 of the Constitution of Texas, Vernon’s Ann.St.

We also approve of the action of the Court of Civil Appeals in construing Art. 1524a and the Texas Regulatory Loan Act as if the restrictive application of Art. 1524a as stated in the Title of the Regulatory Loan Act had been incorporated into the body of the Act for the reason that the Regulatory Loan Act, being a later expression of the Legislative will, would constitute an implied repeal of previous laws which were inconsistent with it.
Opinion issued September 3, 2020

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 20
- 00 250
- CV

——————————— IN RE SPRAGUE, RUSTAM & DIAMOND, PC, MICHAEL SPRAGUE, INDIVIDUALLY, AND J. CHRISTOPHER DIAMOND , INDIVIDUALLY , Relator s
Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator s , Sprague, Rustam & Diamond, PC, Michael Sprague, i ndividually, and J. Christopher Diamond , i ndividually , ha ve filed a petition for a writ of mandamus challenging the trial court’s order denying their motion to compel the production of documents protected by the attorney

- client privilege

.2

We deny relators’ petition for writ of mandamus. 1
Mandamus is an extraord inary remedy that is only available in limited circumstances. See Walker v. Packer , 827 S.W.2d 833, 839

– 40 (Tex. 1992). In the case of a challenge to a decision within the trial court’s discretion, mandamus will only issue where relator s establish that “the trial court failed to reach the only reasonable conclusion.” In re Mem ’ l Hermann Hosp. Sys. , 464 S.W.3d 686, 698 (Tex. 2015). Discovery matters are generally within the trial court’s sound discretion, but “mandamus will issue to corr ect a discovery order if the order constitutes a clear abuse of discretion and there is no adequate remedy by appeal.” See In re Colonial Pipeline Co. , 968 S.W.2d 938, 941 (Tex. 1998). Relator s ha ve not demonstrated that the trial court committed an abuse of discretion in refusing to compel the production of certain privileged documents pursuant to the “offensive use” doctrine

. See Republic Ins. Co. v. Davis , 856 S.W.2d 158, 163 (Tex. 1993) ( setting forth standard for application of “ offensive use ” doctrine for waiver of privilege ). Accordingly, we deny relators ’ petition for writ of mandamus. See T EX
. R. A PP
. P. 52.8(a), (d). A ll pending motions are dismissed as
moot.

1 The underlying case is Coastal Cargo of Texas, Inc. and Tokio Marine HCC v. Sprague, Rustam & Diamond, PC, Michael Sprague, i ndividually, and J. Christopher Diamond

, i ndividually , Cause No. 201 7

- 76096 , in the 1 27th District Court of Harris County, Texas, the Honorable R.K. Sandill presiding.3 PER CURIAM Panel consists of Justices Keyes, Lloyd , and Landau
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
    Form 10KSB for Intercom Technologies Corp.
    for year end 9-30-98
</LEGEND>
<CIK>                           0000728422
<NAME>                          Intercom Technologies Corp.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         SEP-30-1998
<PERIOD-START>                            OCT-01-1997
<PERIOD-END>                              SEP-30-1998
<EXCHANGE-RATE>                                    1
<CASH>                                        22,013
<SECURITIES>                                       0
<RECEIVABLES>                                 56,023
<ALLOWANCES>                                   9,000
<INVENTORY>                                   31,640
<CURRENT-ASSETS>                             100,676
<PP&E>                                         3,108
<DEPRECIATION>                                     0
<TOTAL-ASSETS>                               219,451
<CURRENT-LIABILITIES>                         22,201
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                      14,304
<OTHER-SE>                                   370,799
<TOTAL-LIABILITY-AND-EQUITY>                 219,457
<SALES>                                      490,180
<TOTAL-REVENUES>                             501,440
<CGS>                                        196,982
<TOTAL-COSTS>                                304,529
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                 0
<INCOME-PRETAX>                                  (71)
<INCOME-TAX>                                     800
<INCOME-CONTINUING>                             (871)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                    (871)
<EPS-PRIMARY>                                  (.007)
<EPS-DILUTED>                                  (.007)
        


</TABLE>
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the Chief Executive Officer and the Chief Financial Officer of Computer Software Innovations, Inc.
(the Company), each certify, pursuant to 18 USC § 1350 as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his or her knowledge on the date of this certification:



| | 1. | The quarterly report of the Company on Form 10-QSB/A for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on this date (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Nancy K. HedrickNancy K. Hedrick Chief Executive
OfficerDate: March 30, 2007




/s/ David B. DechantDavid B. Dechant Chief Financial
OfficerDate: March 30, 2007
<PAGE>

                                                                    EXHIBIT 12.1

                  ENZON PHARMACEUTICALS, INC. AND SUBSIDIARIES
                       RATIO OF EARNINGS TO FIXED CHARGES
                                 (IN THOUSANDS)

<TABLE>
<CAPTION>
                                                           Years Ended June 30,
                                        ------------------------------------------------------------
                                        2004(1)        2003         2002         2001         2000
                                        -------      -------      -------      -------      -------
<S>                                  <C>          <C>           <C>         <C>           <C>
Income (loss) from continuing           $ 7,385      $45,949      $36,683      $11,013      $(6,306)
operations before income taxes
Add:
 Fixed Charges                           20,275       20,244       20,109          557          352
Less:
 Capitalized interest                                     --           --           --           --
                                        -------      -------      -------      -------      -------
Earnings, as adjusted                   $27,660      $66,193      $56,792      $11,570      $(5,954)
                                        =======      =======      =======      =======      =======
Fixed charges:
 Interest (gross)                       $19,829      $19,828      $19,829      $   275      $     4
Portion of rent representative of           446          416          280          282          348
the interest factor
                                        -------      -------      -------      -------      -------
 Fixed charges                          $20,275      $20,244      $20,109      $   557      $   352
                                        =======      =======      =======      =======      =======
Deficiency of earnings available            N/A          N/A          N/A          N/A      $(6,306)
to cover fixed charges
Ratio of earnings to fixed charges          1:1          3:1          3:1         21:1          N/A
</TABLE>

----------------

(1) Restated, see Note 2 of the Notes to Consolidated Financial Statements.


                                      E-1
Exhibit 99


AUDITORS' REPORT

To the shareholder of
E-Z-EM Canada Inc.

We have audited the consolidated  balance sheets of E-Z-EM CANADA INC. as of May
31, 2000 and 1999 and the consolidated  statements of income,  retained earnings
and cash flows for the years ended May 31, 2000, 1999 and 1998.  These financial
statements   are  the   responsibility   of  the   company's   management.   Our
responsibility  is to express an opinion on these financial  statements based on
our audits.

We  conducted  our  audits  in  accordance  with  generally   accepted  auditing
standards.  Those standards  require that we plan and perform an audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement.  An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements.  An audit also includes
assessing the  accounting  principles  used and  significant  estimates  made by
management, as well as evaluating the overall financial statement presentation.

In our opinion,  these consolidated  financial statements present fairly, in all
material respects,  the financial position of the company as of May 31, 2000 and
1999 and the  results of its  operations  and its cash flows for the years ended
May 31, 2000,  1999 and 1998 in accordance  with generally  accepted  accounting
principles.


Jacques Davis Lefaivre
Chartered Accountants

Montreal, July 7, 2000


                                      -81-
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          18,602
<INT-BEARING-DEPOSITS>                             669
<FED-FUNDS-SOLD>                                 5,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          75,021
<INVESTMENTS-MARKET>                            75,387
<LOANS>                                        297,515
<ALLOWANCE>                                      3,574
<TOTAL-ASSETS>                                 412,979
<DEPOSITS>                                     359,840
<SHORT-TERM>                                     2,540
<LIABILITIES-OTHER>                              4,604
<LONG-TERM>                                      5,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,348
<OTHER-SE>                                      33,647
<TOTAL-LIABILITIES-AND-EQUITY>                 412,979
<INTEREST-LOAN>                                 25,979
<INTEREST-INVEST>                                5,115
<INTEREST-OTHER>                                   351
<INTEREST-TOTAL>                                31,445
<INTEREST-DEPOSIT>                              13,080
<INTEREST-EXPENSE>                              13,394
<INTEREST-INCOME-NET>                           18,051
<LOAN-LOSSES>                                      459
<SECURITIES-GAINS>                                  26
<EXPENSE-OTHER>                                 13,891
<INCOME-PRETAX>                                  7,085
<INCOME-PRE-EXTRAORDINARY>                       4,781
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,781
<EPS-PRIMARY>                                     3.25
<EPS-DILUTED>                                     3.25
<YIELD-ACTUAL>                                    5.00
<LOANS-NON>                                        505
<LOANS-PAST>                                       251
<LOANS-TROUBLED>                                 2,389
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 3,516
<CHARGE-OFFS>                                      484
<RECOVERIES>                                        83
<ALLOWANCE-CLOSE>                                3,574
<ALLOWANCE-DOMESTIC>                             3,574
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Page 12838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03459]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meetings

TIME AND DATE: Tuesday, February 27, 2024, at 10:00 a.m. and its 
continuation at the conclusion of the open meeting on February 29, 
2024.

PLACE: 1050 First Street NE, Washington, DC and virtual (This meeting 
will be a hybrid meeting.)

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Compliance matters pursuant to 52 U.S.C. 
30109.
    Matters concerning participation in civil actions or proceedings or 
arbitration.

CONTACT PERSON FOR MORE INFORMATION: Judith Ingram, Press Officer. 
Telephone: (202) 694-1220.

(Authority: Government in the Sunshine Act, 5 U.S.C. 552b)

Vicktoria J. Allen,
Deputy Secretary of the Commission.
[FR Doc. 2024-03459 Filed 2-15-24; 11:15 am]
BILLING CODE 6715-01-P
<PAGE>
                                                                   EXHIBIT 12.1

                  ENZON PHARMACEUTICALS, INC. AND SUBSIDIARIES
                       RATIO OF EARNINGS TO FIXED CHARGES
                                 (IN THOUSANDS)

<TABLE>
<CAPTION>
                                                                                                 YEARS ENDED JUNE 30,
                                                                                  -------------------------------------------------
                                                                                  2004(1)     2003       2002      2001       2000
                                                                                  -------   -------    -------    -------   -------
<S>                                                                               <C>       <C>        <C>        <C>       <C>
Income (loss) from continuing
  operations before income taxes..............................................    $ 3,505   $45,949    $36,683    $11,013   $(6,306)
Add:
 Fixed Charges................................................................     20,275    20,244     20,109        557       352
Less:
 Capitalized interest.........................................................                   --         --         --        --
                                                                                  -------   -------    -------    -------   -------
Earnings, as adjusted.........................................................    $23,780   $66,193    $56,792    $11,570   $(5,954)
                                                                                  =======   =======    =======    =======   =======
Fixed charges:
 Interest (gross).............................................................    $19,829   $19,828    $19,829    $   275   $     4
 Portion of rent representative of
   the interest factor........................................................        446       416        280        282       348
                                                                                  -------   -------    -------    -------   -------
 Fixed charges................................................................    $20,275   $20,244    $20,109    $   557   $   352
                                                                                  -------   -------    -------    -------   -------
Deficiency of earnings available
  to cover fixed charges......................................................        N/A       N/A        N/A        N/A   $(6,306)
                                                                                  =======   =======    =======    =======   =======
Ratio of earnings to fixed charges............................................        1:1       3:1        3:1       21:1       N/A
</TABLE>

(1) Restated, see Note 2 of the accompanying Notes to
Consolidated Financial Statements.


                                      E-41
<PAGE>

                                                                 EXHIBIT 10.10.1

                                December 13, 2002

Matthew Murphy
Nanosys Incorporated
2625 Hanover Street
Palo Alto, CA 94304

Re: Exclusive Patent License Agreement - Amendment One

Dear Matthew:

This Amendment adds the following M.I.T. Cases to the indicated Appendices of
the M.I.T. - Nanosys Inc. Exclusive Patent License Agreement effective September
5, 2002 (Agreement):

     (1) Add to Appendix A:

     M.I.T. Case No. 8800, "Quantum Dots As Luminescent Temperature Probes, "by
     Alfred A. Barney, Moungi G. Bawendi, Daniel C. Nocera, Christina M.
     Rudzinski, Vikram C. Sundar and Glen W. Walker.

     (2) Add to Appendix B:

     M.I.T. Case No. 8366, "Polarization Label For Measuring The 3-Dimensional
     Orientation of Sub-Diffraction Limited Objects, "by Moungi G. Bawendi and
     Stephen Empedocles.

Except as specifically modified or amended hereby, the Agreement shall remain in
full force and effect and, as modified or amended, is hereby ratified, confirmed
and approved. No provision of this Amendment may be modified or amended except
expressly in a writing signed by both parties nor shall any terms be waived
except expressly in a writing signed by the party charged therewith. This
Amendment shall be governed in accordance with the laws of the Commonwealth of
Massachusetts.

<PAGE>

The Effective Date of this Amendment is Dec 13, 2002
                                        ________________.

Please indicate your acceptance of this First Amendment by countersigning this
letter and returning it to M.I.T.

Massachusetts Institute of Technology       Nanosys Incorporated

By: /s/ Lita Nelson                         By: /s/ Matthew Murphy
    _________________________________           ________________________________

Name: Lita Nelson                           Name: Matthew Murphy
     _________________________________           _______________________________

Title: Director,                            Title: Vice President, I.P.
       Technology Licensing Office                ______________________________
      _______________________________

Date: 12/31/02                              Date: 12/19/02
     _________________________________           _______________________________